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STILLINGS v. CITY OF WINSTON-SALEM

No. 488PA83.

319 S.E.2d 233 (1984)

311 N.C. 689

David E. STILLINGS and Francis D. Sawyer, a North Carolina partnership, doing business as "Community Garbage Service" v. The CITY OF WINSTON-SALEM, North Carolina, a municipal body corporate. Clyde H. WHITMAN, Jr., doing business as "South Fork Sanitary Service", a sole proprietorship v. The CITY OF WINSTON-SALEM, North Carolina, a municipal body corporate. Larry K. TUTTLE, doing business as "Forsyth Garbage and Container Service", a sole proprietorship v. The CITY OF WINSTON-SALEM, North Carolina, a municipal body corporate.

Supreme Court of North Carolina.

August 28, 1984.

Attorney(s) appearing for the Case

Pfefferkorn, Cooley, Pishko & Elliot, P.A. by Jim D. Cooley and William G. Pfefferkorn, Winston-Salem, for plaintiff-appellees.

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., City Atty. Ronald G. Seeber, and Asst. City Atty. Ralph D. Karpinos, Winston-Salem, for defendant-appellant.

MARTIN, Justice.

The primary question presented for review is a matter of first impression for this Court: Does an exclusive solid waste collection franchise granted by a county remain effective in areas subsequently annexed by a city and thereby entitle the franchisees to compensation for a taking when the city, pursuant to statutory mandate, begins providing its own garbage collection service? For the reasons stated here, we answer the question in the negative and...

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